FFL Dealers and Responsibility

Liability. Selling to the wrong person has some damning consequences. FFL dealers have the right to refuse service if they suspect anything fishy. 

I’m sorry, that is not quite right. 

FFL dealers have the obligation to refuse service if they suspect anything fishy, mandated by the ATF. This includes all sorts of factors but most commonly what is said is the most important factor. For instance, I was with my wife in a gun shop and range once, waiting for a lane to open, and a woman came in and started asking about a handgun. She didn’t sound very confident and didn’t seem to know anything about firearms, even how to hold the display firearm, so after asking a few questions about what she wanted the firearm for the salesperson gently said, “I’m guessing you don’t have much experience with firearms. I would suggest before you even consider buying one you take the time to go through our beginner’s safety class, that’ll teach you all the basics of safe handling and how to operate, clean, and store a firearm. 

Then rent a few and try them out to see what is best for you”. The woman agreed and asked about the classes. That isn’t a scenario where the individual is obviously a criminal, under the influence, or a dangerous person, but her inexperience could harm herself or others. 

The salesperson refused a sale to better prepare the potential buyer for the risks and responsibilities of firearm ownership. At the end of the day, dealers want people to enjoy the sport of shooting or have the option to protect themselves in a safe and responsible manner. There may be some shops out there that just want to make a buck, but most seem to be mainly concerned with finding the right option for people, even if that means suggesting outside training before the shop can even make a sale.

It is not considered a breach of the Second Amendment protections because one can simply go to another shop (unless you’re in Chicago, but the government restriction of FFL dealers to one in Chicago has been challenged and deemed unconstitutional). The refusal of service is also predicated on a specific discriminating factor, like talking about or insinuating intent to harm oneself or others; wide-reaching factors like skin, hair, shirt color don’t come into the picture. If you’ve ever been at a range or gun shop you might find the diversity to be higher than expected, especially if you believe only old, fat, white men can own firearms like most media outlets seem to portray.